Is There Legal Recourse if Falsely Accused Under New Jersey Extreme Risk Protection Order?
To create a procedure that would allow a court to order the seizure of firearms from a person it deemed to be an immediate threat, the NJ Legislature passed the Extreme Risk Protective Order Act of 2018. These orders are modeled after domestic violence restraining orders, which also include a procedure for firearm removal. However, occasionally, these directives are abused, leading to false charges against innocent people. To protect people who have been wrongfully accused, it is crucial to comprehend the New Jersey Extreme Risk Protection Order procedure and legal defenses.
New Jersey Extreme Risk Protection Order (ERPO) Petition / File ERPO in New Jersey
The petitioner, who is frequently a family member or household member, requests an extreme risk protective order (ERPO). The petitioner explains why they think the respondent poses a risk to themselves or other people. If the request is accepted, the court will issue a final order restricting the respondent’s ability to own or possess a firearm indefinitely.
The lawyers at The Law Offices of SRIS, P.C. are familiar with extreme risk protective orders (ERPOs) in New Jersey. Call us if you have received notice of an ERPO hearing or if you would like to request one!
Who May Submit a Petition to Establish an Extreme Risk Protective Order?
The petitioner needs to have a protected connection with the respondent in order to submit an ERPO petition. This could consist of:
- A spouse or companion.
- An ex-spouse or acquaintance.
- One of the respondent’s household members.
- Either the respondent’s co-parent or someone who is presently expecting the respondent’s child.
- A romantic relationship from the past or present.
If someone is aware of a serious threat but is not one of the abovementioned protected individuals, they must contact the police and arrange for the removal of their firearms.
What kind of evidence must be presented in order to receive an Extreme Risk Protective Order?
Testimony is typically evidence. The court must determine whether the respondent’s ownership, possession, purchase, or receipt of the firearm constitutes a significant possibility of physical damage to either themselves or other people. Let us say the judge believes an ERPO is necessary. If so, he or she may issue an order compelling the individual to surrender firearms, handgun purchase permits, and firearms purchaser identity cards.
A final ERPO forbids the respondent from acquiring a gun purchaser identification card or permission to purchase a pistol, as well as from owning, developing, having, or receiving firearms and ammunition. Permits for concealed carry would also be canceled. Lastly, the respondent’s name is added to a registry, which will allow law enforcement to identify any future attempts by the respondent to acquire or possess weapons—as long as those attempts are done through approved channels.
What Takes Place When Someone Disobeys an Extreme Risk Protective Order?
Any individual who violates the ERPO faces arrest for contempt of court and a warrant to confiscate all of their firearms. Because this specific kind of order was just created, there must be case law on it. However, the Prevention of Domestic Violence Act’s guiding principles will probably be a major part of the law as it evolves.
What is the ERPO Process NJ?
An overview of New Jersey’s Extreme Risk Protection Order (ERPO) procedure is provided below:
- Filing: An ERPO may temporarily confiscate a person’s firearms if family members, neighbors, or law enforcement judge them as dangerous.
- Hearing: After reviewing the available evidence, a judge hears the case to determine whether a temporary ERPO is necessary.
- Final Order: If there is strong evidence of risk, the judge may issue a final ERPO following a second hearing, prohibiting the possession of firearms for a predetermined amount of time.
Questions regarding the ERPO Petition
When the petitioner requests an ERPO in court, questions about the respondent’s background and actions will be asked.
- Has the respondent ever threatened or engaged in violent behavior before?
- Does the respondent have any prior history of using physical force against another individual?
- Has there ever been a domestic violence restraining order against the respondent, or has the respondent violated one?
- Has the respondent breached a New Jersey order of protection imposed under the Sexual Assault Protection Act, or has the respondent been the subject of one?
- Has there been any prior arrest, charge, or conviction of the respondent for violent crimes, stalking, domestic abuse, or disorderly person offenses?
- Does the respondent have a history of animal cruelty or any past arrests, prosecutions, or convictions for animal cruelty? And so forth.
Connect with a New Jersey ERPO lawyer for more details!
What is The Criteria for Approval of an ERPO Petition?
The petitioner must provide evidence that the respondent’s possession or ownership of a handgun immediately endangers them or others. The court will issue a search warrant in accordance with N.J.S.A. 2C:58-26(b) if it grants a temporary order. This search warrant can only be given by the court if
- A firearm is owned or in the possession of the responder.
- Because the respondent owns or possesses a firearm, they present an immediate and present risk to themselves or others.
- A “clearly described place” is where the guns are. (This condition guarantees that the search does not violate the Fourth Amendment’s prohibition on unreasonable searches.)
Notification to Authorities
The court will forward any ERPO to the county prosecutor, who will then forward it to the relevant law enforcement authorities, such as state police officers, police chiefs, and any other relevant courts or law enforcement organizations. Every law enforcement agency in the state will enforce an ERPO.
What Is the Duration of a FERPO?
Until the court issues another order, a FERPO remains in force. Stated differently, there is no expiration date or lapse date associated with the order. If the respondent does nothing to have the order revoked, it can remain in effect for the rest of their life. For this reason, a respondent at a FERPO hearing has to be represented by our attorney.
With over 50 years of combined legal experience, our attorneys at The Law Offices of SRIS, P.C. bring unparalleled knowledge and competence to every case. An essential tool for averting possible harm is a New Jersey Extreme Risk Protection Order (ERPO), which temporarily denies access to firearms to those who are considered a threat. The attorneys represent both petitioners and respondents in ERPO cases and will vigorously pursue the beneficial outcome in your case. Please get in touch with us right away if you have received a TERPO or if you are worried that a loved one or family member cannot safely possess firearms.
FAQ's
A court-issued order known as an ERPO temporarily prohibits the possession of weapons by anyone judged dangerous.
Depending on court schedules and the supporting documentation for the protective order, the ERPO process in New Jersey could take a few days to several weeks.
In New Jersey, if someone poses a threat, family members, law enforcement, and certain medical professionals may submit an ERPO to keep them from obtaining firearms.
